Take A Look At The Steve Jobs Of The Veterans Disability Litigation Industry

How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's 58 year old client is permanently disabled from his service in the military. He receives a monthly pension from the Department of Veterans Affairs.

He wants to find out if a verdict from a jury will affect his VA benefits. It won't. However, it could have an impact on the other sources of income he has.

Can I claim compensation in the event of an accident?

If you've served in the military, and are permanently disabled due to injuries or illnesses, you could be eligible for a veteran disability settlement. This settlement can help compensate you for medical bills, lost income, and other expenses resulting from your illness or injury. The kind of settlement you'll receive depends on whether your medical condition is service-connected, or not connected, what VA benefits you are eligible for, and what your injury or accident will cost to treat.

For example, Jim is a 58-year old veteran who was diagnosed with permanent disabilities after two years of service in the Vietnam War. He hasn't got enough work space to qualify for Social Security disability benefits but He does have a VA Pension benefit which provides cash and free medical assistance that is based on financial need. He wants to learn how a personal injury lawsuit will affect his eligibility to benefit from this benefit.

The answer will depend on whether the settlement is a lump sum or a structured one. Structured settlements are settlements that are paid over a long period of time rather than a single payment and the amount received by the defendant is used to offset any existing VA benefits. A lump sum settlement can impact any existing VA benefits because the VA will annually assess and count it as income. In either case, if excess assets are left after the twelve month period after the settlement is annually recalculated, Jim could apply again for the Pension benefit but only if his assets fall below a certain threshold that the VA agrees establishes financial need.

Do I need to hire an attorney?

Many service members, spouses and former spouses are confused about VA disability compensation and its impact on money issues in divorce cases. Some people think, for instance, that Department of Veterans Affairs compensation payments are split like a military retirement in divorce cases, or that they're "off limits" when calculating child support and Alimony. These misconceptions may lead to serious financial errors.

It is possible to submit an application for disability benefits yourself However, most disabled veterans will require the help of a professional lawyer. An experienced veteran's disability lawyer can review your medical records and gather all the necessary evidence to support your argument to the VA. The lawyer can also file any appeals that you might need to receive the benefits you are entitled to.

In addition, the majority of VA disability lawyers don't charge fees for consultations. The government will also pay the lawyer directly from the award of retroactive benefits. This is an advantage of the Equal Access to Justice Act. Your fee agreement should specify clearly the percentage of retroactive benefits that will be paid to your lawyer. A fee agreement could say that, for example, veterans Disability law Firms the government would pay the attorney 20% of retroactive benefits. Any additional amount is your to pay.

Can I Garnish My VA Benefits?

If a disabled veteran receives compensation from the VA, it comes in the form of monthly payments. The purpose of the payments is to alleviate the effects of injuries, diseases or disabilities sustained or aggravated during the course of a veteran's time of service. The veterans disability benefits are subject to garnishment, like any other income.

Garnishment is a legal process which allows a court make an order to an employer or government agency to withhold funds from the paycheck of a person who is in debt and to send them directly to an individual creditor. In the event of divorce, garnishment may be used to pay child or spousal maintenance.

There are a few circumstances where a veteran's disability benefits could be refunded. Most often, it is the case of a veteran who renounced his military retirement in order to receive disability compensation. In these instances the pension portion that is devoted to disability compensation can be garnished in order to meet family support obligations.

In other situations the benefits of a veteran can be seized to pay medical expenses or past due federal student loans. In these instances, a court can go directly to the VA for the information they require. The disabled veteran should consult an experienced attorney to protect their disability benefits. This will stop them from having to rely on payday lenders or private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a huge help for veterans and their families, but they don't come without their own set of challenges. If a veteran is divorced and receives a VA settlement then they must know what this will do to the benefits they receive.

In this context, a major question is whether or not disability payments count as assets which can be divided during a divorce. This issue has been settled in a variety of ways. One way is by a Colorado court of appeals decision that found that VA disability payments are not property and therefore cannot be divided in that way. The U.S. Supreme Court ruled in Howell that garnishing a veteran's VA disability benefits for alimony was a violation of USFSPA.

Another concern related to this topic is the treatment of disability benefits for child maintenance and support. Both the USFSPA, and the Supreme Court, prohibit states from claiming disability benefits as income. However, certain states have chosen to take the opposite approach. Colorado is one example. It adds all sources of income together to determine the amount needed to support a spouse and then adds disability payments in order to account for their tax-free status.

It is also important that veterans Disability law Firms understand how their disability compensation will be affected if they become divorced and how their ex-spouses can garnish their compensation. By knowing about these issues, veterans can safeguard their earnings and avoid any unintended consequences.